Article 16 — Permit and Registration Review Procedures.

This article provides procedures for the final review and approval or disapproval of the permit and registration applications required by this chapter.

(Ord. No. 6338, § I(Exh. A), 3-16-2021)

The approval of a permit application and issuance of a new vineyard and orchard development, vineyard and orchard replanting, or agricultural grading or drainage permit by the agricultural commissioner shall occur as follows:

A.

Criteria for approval. The agricultural commissioner may approve a permit application and issue a new vineyard and orchard development, vineyard and orchard replanting, or agricultural grading or drainage permit when the following requirements are satisfied:

Ministerial permit application. A ministerial permit application shall be approved and a ministerial new vineyard and orchard development, vineyard and orchard replanting, or agricultural grading or drainage permit issued when the agricultural commissioner determines that the proposed new vineyard or orchard development, vineyard or orchard replanting, or agricultural grading or drainage complies with all applicable requirements of this chapter, all other applicable requirements of this code, and the requirements of any applicable county land use approvals.

Discretionary permit application. A discretionary permit application may be approved and a discretionary new vineyard and orchard development, vineyard and orchard replanting, or agricultural grading or drainage permit issued when the agricultural commissioner determines that:

a.

There are special circumstances or conditions affecting the site that make the strict application of the standards in Article 20 impractical;

b.

The requested relief from the standards in Article 20 is consistent with the purpose of this chapter and does not diminish the health, safety, and environmental protection benefits that would be obtained from the strict application of the standards in Article 20;

c.

The proposed new vineyard or orchard development, vineyard or orchard replanting, or agricultural grading or drainage complies with all applicable requirements of this chapter, except for those modified by the permit, all other applicable requirements of this code, and the requirements of any applicable county land use approvals.

B.

Permit conditions. In approving a discretionary permit application, the agricultural commissioner may impose any conditions deemed reasonable and necessary to protect the public health, safety, and welfare; prevent adverse environmental impacts or the creation of hazards to property; and ensure proper completion of the work.

C.

Permit holder. A new vineyard and orchard development, vineyard and orchard replanting, or agricultural grading or drainage permit shall be issued to the property owner.

D.

Effect of permit and approved plans and specifications.

Compliance with plans and specifications required. All work for which a new vineyard and orchard development, vineyard and orchard replanting, or agricultural grading or drainage permit is issued shall be done in compliance with the approved plans and specifications and the recommendations of required reports. The approved plans and specifications shall not be changed without the written approval of the agricultural commissioner.

Modifications. Proposed modifications to the approved plans and specifications shall be submitted to the agricultural commissioner in writing, together with all necessary technical information and design details. A proposed modification shall be approved only if the agricultural commissioner determines that the modification complies with all applicable requirements of this chapter, all other applicable requirements of this code, and the requirements of any applicable county land use approvals.

E.

Distribution and use of approved plans and specifications. The agricultural commissioner shall retain one (1) or more sets of approved and dated plans and specifications for inspection and record keeping. Two (2) sets of approved and dated plans and specifications shall be provided to the permittee. The permittee shall maintain one (1) set of approved and dated plans and specifications and the permit on the site at all times during the work.

(Ord. No. 6338, § I(Exh. A), 3-16-2021)

A.

Criteria for approval. The agricultural commissioner shall approve a registration application and issue a low-impact vineyard replanting registration when the agricultural commissioner determines that the proposed low-impact vineyard replanting complies with all applicable requirements of this chapter, all other applicable requirements of this code, and the requirements of any applicable county land use approvals.

B.

Registration holder. A low-impact vineyard replanting registration shall be issued to the property owner.

C.

Effect of registration. All work for which a low-impact vineyard replanting registration is issued shall be done in compliance with the standards in Article 20.

(Ord. No. 6338, § I(Exh. A), 3-16-2021)